Are dabs legal?

Is hash oil, or dab legal?

Are dabs legal?

Cannabis laws vary from state to state in the U.S. While many states have legalized the recreational and medical use of cannabis, others have decriminalized marijuana use. However, they continue to review the possibility of legalizing it in the future.

The legality of cannabis concentrate, hash oil, or wax, varies by state, so it's not a cut-and-dried issue. Read on to learn how dabs are made and more about the legal status of dabs in your area.

How are Dabs Made?

How are dabs made legaly without commiting a felony?

Dabs are a more potent version of the cannabis plant's cannabinoids that you can consume through various methods, including e-nail dabbing. To make a concentrate, you have to extract THC and other cannabinoids from the cannabis plant. The extraction process needs solvents like butane or carbon dioxide. 

Once extracted, you can ingest these cannabinoids in the form of dabs using:

  • Erigs
  • Electric nails
  • Wax dab pens
  • Vaporizers

The most common types of marijuana concentrates include:

Hash oil 

Hash oil is a potent dab extract that contains high levels of THC. The active ingredients in hash oil range between 50 and 90 percent, depending on how it is made.

Research shows that solvent-based extracts tend to be stronger than CO2 extracts.


Shatter for e-nail dabbing

Shatter is a transparent cannabis concentrate with amber-colored streaks that resembles glass. It has a consistency similar to window glass and can easily break into pieces if mishandled. Like other forms of cannabis concentrates, shatters are rich in THC. The high potency makes it ideal for medical use.


Wax dabs

Also named based on its appearance, wax is a yellowish-brown concentrate with an ear wax-like or candle texture used in dab pens. Wax is a potent concentrate that is malleable, thick, and with high THC content.

Despite being a product of BHO, wax requires lower temperatures. Extractors can make wax by agitating BHO with moderate heat. The process makes the extract crystallize and solidify, forming a sticky wax. 


Rosin is a pure form of dabs that does not have any form of solvent residue. It retains its terpenes and flavonoid content. Hence, an excellent pick for dab users who crave ultimate purity and flavor of CBD and THC.

However, do not confuse rosin with Resin! The Rosin, live resin, and resin are different extracts. 

Is Dabs Illegal?

Wondering whether dabs are illegal? It all depends on the place you are in and the kind of laws that regulate cannabis use. However, in most parts, dabbing is legally accepted as a form of cannabis ingestion for their medical benefits.

Given that dabs have high THC concentrations, vape pens have possession laws. Hence, dabs and vape pens are not illegal everywhere, but they fall under controlled substances. 

Can You Go to Jail for Dabbing?

Will I go to jail if I dab?

Suppose medical marijuana is legal in your area, and you have a doctor’s approval or official recommendation for medical marijuana use. In that case, your defense is more accessible or often a non-issue.

For instance, dab use or possession cases fall under the Compassionate Use Act in California. The act states that, 

“Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.” 

Hence, you cannot go to jail for possessing up to 8 grams of dabs.

What Should the Prosecution Prove with Dab Use?

For the law enforcement to arrest you, charge, or convict you for using cannabis concentrates, they must provide evidence that you possessed more than 8 grams and that you:

  • Had total control over the dab
  • Knew you had it
  • Knew its a concentrated form

If you might have used butane in extracting your cannabis resins, charges for chemical extraction of controlled substances may be added to your charge sheet. However, since concentrate extraction is risky and harmful, you should buy ready concentrates from experts.

The Dab Law Enforcement Limits and Medical Use


Cannabis dabs enforcement limits

Law enforcement officers can't use dabs against you as evidence in court if the products were obtained during an illegal seizure or search. 

Several people, including veterans, are using dabs and other cannabis products for medical reasons. Some of the conditions that you may use cannabis for include:

Many others (read more on each condition on the links provided)

Your doctor will help determine if your condition qualifies for cannabis use. The scope of illnesses and diseases is broad.  The Marijuana Medical Program (MMP) clearly outlines the criteria for medical cannabis use. 

According to the program, any persistent or chronic medical condition that may limit one's ability to conduct essential activities or cause severe harm qualifies for Cannabis use.

Is It Illegal To Buy a Dab Pen Online?

No. It is not illegal to buy dab tools like dab pens, e-nails, erigs, and wax vaporizers online. However, you cannot buy dabs or THC concentrates online. Instead, you will have to purchase concentrates at a local cannabis dispensary as they cannot be mailed or shipped to you under Federal law.

Traveling with your e-nail or wax vape pen is a discrete and excellent decision to dab while on the go.

Best Dab Accessories Online 

Several cannabis users prefer dab pens to blunts because dab tools offer smooth and potent hits. Also, dab tools tag along with several health benefits. 

Bee-nails offers the best dab accessories for you to choose from. Some of our best dab tools include:

Bee-nail legal dab kit

E-nail kits

Bee-rig dab rig

Bee-rig dab rig


Pollinator vape pen

Portable dab pens

Besides the health benefits of our convenient dab accessories, they are easy to clean without leaving any mess behind.  

Dabs are excellent if you follow our beginner dab guide and use the correct amount of dabs. If it's your first time to dab, you may consider micro-dosing. Afterward, you can figure your way up in a controlled manner. 

The Verdict: Legality of Dabs Depends on State Law and Where You Live

If you live in a state where marijuana is legal, you may be able to purchase dabs at a local dispensary. Of course, it's still important to read up on your state's laws and regulations regarding marijuana use. 

It might help to note that every charge has a defense if caught in a mess. Hence, you should speak to an experienced defense attorney early enough.

You can Contact Us for the best offers on dab accessories that you can use with your legal dabs.